Hello Colorado, I am your wayward son. Duty to our country has taken me far from home, and now I scarcely recognize the state you have become. Someday I hope to return to you; but when that day comes your native son shall not return as a prodigal. For you, Colorado, not I, are the one whose strayed from what is right. You’ve broken your oath in pursuit of ill-gotten gain and forgotten your place among the states.
Of your broken oath, let us look at what you have sworn to uphold. Under Article XII, Section 8 of the Colorado Constitution, you who serve the State of Colorado swore an oath of office, similar if not identical to this:
“I solemnly (swear) (affirm)that I will uphold the Constitution of the United States and the Constitution of the State of Colorado, and I will faithfully perform the duties of the position upon which I am about to enter.”
What is true of that oath is this: be it taken for an entry-level civil servant, a faculty member or regent of a state-funded university, or for the high office of the governor, the oath and duty is first to the Constitution of the United States of America. Only after that allegiance to the United States is the oath-taker bound to the state of Colorado. In this I charge you, my home state’s trustees, as derelict.
For the U.S. Constitution reads in Article VI, paragraph II, what is commonly referred to as the supremacy clause:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.”
Simply put, neither the state of Colorado, nor its elected officers, nor its career public servants, nor its educators, nor its citizens are empowered to contramand the federal law of the United States of America. The U.S. Constitution and federal law made by it are the supreme law of the land in all 50 states.
Several such federal laws for which you have no authority to contramand concern the possession, sale and distribution of cannabinoids, commonly referred to by its most popular subset substance marijuana (a Schedule I Controlled Substance). Cannabinoids are unlawful to possess, cultivate, sell, or distribute anywhere within the United States of America, including in Colorado, pursuant to federal law. Yet a burgeoning recreational and medical cannabis-marijuana industry has grown in Colorado with the state’s blessing and nurturing. Such actions as have for years now been licensed, regulated, and taxed by the state of Colorado are in flagrant violation of 21 U.S.C., Sections 841, 844, and 846. Unlawful proceeds collected by the state in its fostering of an illegal drug trade are also subject to forfeiture under 21 U.S.C. Section 853. Summarily, the state of Colorado has furthered the widescale unlawful Cannaboid enterprise in violation of the federal Controlled Substances Act.
Likewise, to the extent that the state profits off this criminal enterprise, by collection licensure fees and taxes, it has transferred and continues to transfer unlawful proceeds to state accounts and perpetuates the illegal Cannabis-Marijuana enterprise. This makes the state of Colorado guilty of breaking federal money laundering laws under 18 U.S.C., Sections 1956 and 1957. The collection of unlawful proceeds through the mail form companies and individuals who mistakenly believe their activities to be lawful (e.g. collecting taxes on state licensed or condoned recreational marijuana through the mail or parcel carrier) likely constitutes mail fraud 18 U.S.C., Section 1341. Likewise, similarly electronically collected monies likely constitutes wire fraud 18 U.S.C., Section 1343. Furthermore, Colorado, your rogue participation in illicit drug trafficking likely meets the definition of racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C., Section 1961 and further codified under Sections 1962 — 1968. You have become, in essence, the Colorado Cartel.
If that weren’t enough of a blight against the republic of which you are a part, Colorado, you recently extended your patronage of unlawful drug trafficking to hallucinogenic mushrooms (Psilocybin which are also a Schedule I Controlled Substance). I need not quote you the federal laws which this decision of your lawmakers, trustees and administrators violate. Suffice to say it is not unlike the example of marijuana.
So answer me this question, trustees of my home state: How can a state of honest civil servants keep an oath to uphold the U.S. Constitution and at the same time work such contempt against that constitution? If indeed such an improbable answer can be manipulated into utterance, then what assurance shall we have of the character of its speaker? Alas, Colorado, where you defy federal law you run afoul of the supremacy clause of the U.S. Constitution, and in so doing your trustees break their oaths of office. In a manner you become insurrectionists not unlike the Confederacy of the Civil War era. For the want of money and popular sentiment you forsake the common bonds of constitution and the welfare of your countrymen within and outside of your boarders.
Colorado, you have embraced drug culture like a cartel. My alma mater, CSU-Pueblo, touts itself as pioneering with its Cannabis Institute. My hometown, once the proud “Home of Heroes” — birthplace of brave Congressional Medal of Honor recipients — is now more renowned for addicts and crime waves than patriotic war heroes. But some among you, Colorado, prosper on the lust of addicts. Some get rich on the bane of civilization. And so, Colorado, you chant a mantra of “it’s not so bad” harkening back to 1960s nostalgia and organic naturalism in a self-delusion of counterfeit legality.
Colorado, your state Constitution is modeled in purpose and in language on the very U.S. Constitution you forsake. It’s preamble speaks of “We the people” and goes on to practically plagiarize the preamble of the U.S. Constitution. If the height of flattery is imitation, then where has your love of our country gone?
All this is to say that my home state of Colorado has lost its way. You have been driven astray of the ideals of our forefathers by those who apparently put wealth and popularity ahead of duty, honor, country, and the well-being of your people.
This is a nonpartisan call to patriotism, an awakening to reason and integrity. It is one man’s constitutional duty to remind others of their own.
I humbly ask that you who are in a position to affect change, remember you allegiance to our great nation and its constitution. Do not trade our freedoms for fickle fame, a drug-stupefied bourgeoisie, and the tyranny of the majority which will leave Colorado voiceless among the populous centers of New York, California and the like! Remember the reverence for almighty God your forefathers had, which was written into your state constitution’s preamble, and right the course of this state to ensure its preservation and prosperity for our posterity! May God bless America and God save Colorado!
Jon-Todd “JT” Baker is a Colorado native, a Colorado State University-Pueblo, Mass Communications Department Alumnus 2005 and University of Denver, Josef Korbel Graduate School of International Studies Alumnus 2010.